13Relying on the Court's judgments in Case C-288/89 Collectieve Antennevoorziening Gouda [1991] ECR I-4007, paragraph 11, and Case C-484/93 Svensson and Gustavsson [1995] ECR I-3955, paragraph 15, the Commission maintains that such discriminatory restrictions with regard to businesses established in other Member States may only be allowed if they are justified by one of the derogations expressly provided by Article 46 EC, in conjunction with Article 55 EC. So far as concerns, in particular, the ‘grounds of public policy’, included among the grounds of public interest set out in Article 46 EC and which have been relied upon by the Italian Government in its reply to the letter of formal notice, the Commission submits that the concept of public policy must be interpreted restrictively (see Case C-260/89 ERT [1991] ECR I-2925, paragraph 24, and Case C-355/98 Commission v Belgium [2000] ECR I-1221, paragraph 28), and that, in any case, recourse to that concept presupposes the existence, in addition to the perturbation of the social order which any infringement of the law involves, of a genuine and sufficiently serious threat affecting one of the fundamental interests of society (see, among others, Case C-350/96 Clean Car Autoservice [1998] ECR I-2521, paragraph 40, and Commission v Belgium, cited above, paragraph 28). The Commission adds that, in this case, the arguments relied upon by the Italian Government to justify those restrictions on the freedom to supply services are without foundation.
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